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Level 2
February 18, 2021
Question

Filing PA return for married couple when a spouse died in 2020

  • February 18, 2021
  • 8 replies
  • 42 views

Husband died in 2020.  In PA,  separate returns must be filed for deceased husband and remaining spouse, even though they can file jointly for federal purposes.  Question:  can I use the same Proseries tax file to prepare spouse's separate PA return, or must I create a completely new PA tax return file in Proseries for spouse?

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8 replies

Ernie
Level 7
February 18, 2021

You do not have to file separate returns you just have to have the surviving spouse as the primary taxpayer.

Dusty Ernie

Level 3
February 18, 2021

I usually finalize the joint Federal return and the taxpayer's PA return.  I also make sure that I have all items coded correctly as T, S, or J.  Then I use the "Split MFJ Return" under the file menu in the homebase to prepare the spouse's PA return in the year of death.  PA changed the rules several years ago stating that if one spouse dies during the year a joint return can be filed for PA income tax purposes like it is for Federal purposes in many circumstances.  ProSeries has yet to fully adopt this change.  If the spouse dies during the year, everything works in ProSeries, and a joint PA tax return can be prepared.  If the taxpayer dies, you have to flip the taxpayer and spouse in the software in order to get it to work for PA purposes.  I think someone already mentioned this solution.   However, my understanding was that the same taxpayer should always be listed first on the Federal return once a joint return has been filed.  Therefore, you have to maintain two files in ProSeries anyway - one for Federal because you're not supposed to arbitrarily switch the taxpayer and spouse on a Federal return, and one for PA in order to allow for joint filing in the year of death.  That seems like more work than doing the "Split MFJ Return" to me, but that's a matter of opinion. 

IRonMaN
Level 15
February 18, 2021

"one for Federal because you're not supposed to arbitrarily switch the taxpayer and spouse on a Federal return"

I'm not in PA so I don't tend to do that, but I'm curious where the IRS says you can't switch the taxpayer and spouse positions on the return.

Slava Ukraini!
Level 3
February 18, 2021

Had to look it up again to make sure it hadn't changed.  

From the IRS instructions for tax year 2020 Form 1040, page 14:

"If you filed a joint return for 2019 and you are filing a joint return for 2020 with the same spouse, be sure to enter your names and SSNs in the same order as on your 2019 return."